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Kansas Statutes Annotated

K.S.A. § 21-3505 (2026)

✓ current as of May 2026
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21-3505.

History: L. 1969, ch. 180, § 21-3505; L. 1983, ch. 109, § 5; L. 1992, ch. 298, § 23; L. 1993, ch. 253, § 6; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 44 cases, 1978–2018 · leading case: State v. Coman, 273 P.3d 701 (Kan. 2012).
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State v. Coman, 273 P.3d 701 (Kan. 2012). · cites it 21× “Analysis As we have indicated, K.S.A. 21-3505 lists three forms of criminal sodomy: “(a) Criminal sodomy is: (1) Sodomy between persons who are 16 or more years of age and members of the same sex or between a person and an animal; (2) Sodomy with a child who is 14 or more years…”
State v. Coman, 214 P.3d 1198 (Kan. Ct. App. 2009). · cites it 50× “Among the specific crimes is subsection (c)(4), "criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments thereto." Coman's principal argument on appeal is that the legislative omission of subsection (a)(1) of K.”
State v. Limon, 83 P.3d 229 (Kan. Ct. App. 2004). · cites it 44× “21-3505(a)(2) is gender neutral. It prohibits sodomy with a child within the stated age limitations without regard to the age of the offender or to the sex of the participants.”
State v. Dickson, 69 P.3d 549 (Kan. 2003). · cites it 19× “” K.S.A. 21-3505. There is no dispute as to the evidence offered in support of the criminal sodomy charge.”
State v. Fitzgerald, 423 P.3d 497 (Kan. 2018). · cites it 4× “at 686 (quoting K.S.A. 21-3505[a][3]). On appeal, Dickson argued the evidence to convict him of this version of criminal sodomy was insufficient.”
State v. Dubish, 675 P.2d 877 (Kan. 1984). · cites it 5× “The defendant argues first that he cannot be convicted of aggravated sodomy because he was still married to the victim at *712 the time the alleged offense occurred; that K.S.A. 21-3505 does not permit a husband to be convicted of committing the crime of sodomy or aggravated…”
State v. Franco, 319 P.3d 551 (Kan. Ct. App. 2014). · cites it 5× “See K.S.A. 21-3505 (criminal sodomy). At trial, Franco neither requested the instructions nor objected to the district court’s failure to give them.”
State v. Kleypas, 40 P.3d 139 (Kan. 2001). · cites it 2× “21-3502 and amendments thereto, criminal sodomy, as defined in subsections (a)(2) or (a)(3) of K.S.A. 21-3505 and amendments thereto or aggravated criminal sodomy, as defined in K.”
Jegley v. Picado, 80 S.W.3d 332 (Ark. 2002). · cites it 2× “Nine states and Puerto Rico maintain statutes prohibiting same-sex and opposite-sex sodomy: Alabama-Ala.”
State v. Smith, 766 So. 2d 501 (La. 2000). · cites it 2× “02 (West 1993); Idaho Code § 18-6605 (Michie 1993); Kan. Stat. Ann. § 21-3505 (1989); La.Rev.”
State v. Limon, 122 P.3d 22 (Kan. 2005). · cites it 2× “Limón turned 18 years of age just 1 week before the incident; his date of birth is February 9, 1982.”
State v. Moyer, 410 P.3d 71 (Kan. 2015). · cites it 2× “21-3504(a)(1) (sexual intercourse with a child who is 14 or more years of age but less than 16 years of age), and three counts of criminal sodomy in violation of K.S.A. 21-3505(a)(2) (sodomy with a child who is 14 or more years of age but less than 16 years of age).”
Show all 44 citing cases →
— K.S.A. § 21-3505(1) — 1 case
State v. William, 807 P.2d 1292 (Kan. 1991).
— K.S.A. § 21-3505(a) — 5 cases
State v. Thurber, 420 P.3d 389 (Kan. 2018).
State v. Dickson, 69 P.3d 549 (Kan. 2003). “” K.S.A. 21-3505. There is no dispute as to the evidence offered in support of the criminal sodomy charge.”
State v. Coman, 214 P.3d 1198 (Kan. Ct. App. 2009). “Among the specific crimes is subsection (c)(4), "criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments thereto." Coman's principal argument on appeal is that the legislative omission of subsection (a)(1) of K.”
State v. Johnson, 156 P.3d 596 (Kan. 2007).
State v. Dickson, 46 P.3d 1216 (Kan. Ct. App. 2002).
— K.S.A. § 21-3505(a)(1) — 2 cases
State v. Coman, 214 P.3d 1198 (Kan. Ct. App. 2009). “Among the specific crimes is subsection (c)(4), "criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments thereto." Coman's principal argument on appeal is that the legislative omission of subsection (a)(1) of K.”
State v. Franco, 319 P.3d 551 (Kan. Ct. App. 2014). “See K.S.A. 21-3505 (criminal sodomy). At trial, Franco neither requested the instructions nor objected to the district court’s failure to give them.”
— K.S.A. § 21-3505(a)(2) — 14 cases
State v. Limon, 83 P.3d 229 (Kan. Ct. App. 2004). “21-3505(a)(2) is gender neutral. It prohibits sodomy with a child within the stated age limitations without regard to the age of the offender or to the sex of the participants.”
State v. Dickson, 69 P.3d 549 (Kan. 2003). “” K.S.A. 21-3505. There is no dispute as to the evidence offered in support of the criminal sodomy charge.”
State v. Limon, 122 P.3d 22 (Kan. 2005). “Limón turned 18 years of age just 1 week before the incident; his date of birth is February 9, 1982.”
State v. Moyer, 410 P.3d 71 (Kan. 2015). “21-3504(a)(1) (sexual intercourse with a child who is 14 or more years of age but less than 16 years of age), and three counts of criminal sodomy in violation of K.S.A. 21-3505(a)(2) (sodomy with a child who is 14 or more years of age but less than 16 years of age).”
State v. Coman, 273 P.3d 701 (Kan. 2012). “Analysis As we have indicated, K.S.A. 21-3505 lists three forms of criminal sodomy: “(a) Criminal sodomy is: (1) Sodomy between persons who are 16 or more years of age and members of the same sex or between a person and an animal; (2) Sodomy with a child who is 14 or more years…”
— K.S.A. § 21-3505(a)(3) — 5 cases
State v. Dickson, 69 P.3d 549 (Kan. 2003). “” K.S.A. 21-3505. There is no dispute as to the evidence offered in support of the criminal sodomy charge.”
State v. Fitzgerald, 423 P.3d 497 (Kan. 2018). “at 686 (quoting K.S.A. 21-3505[a][3]). On appeal, Dickson argued the evidence to convict him of this version of criminal sodomy was insufficient.”
State v. Johnson, 156 P.3d 596 (Kan. 2007).
State v. Johnson, 122 P.3d 397 (Kan. Ct. App. 2005).
State v. Dickson, 46 P.3d 1216 (Kan. Ct. App. 2002).
— K.S.A. § 21-3505(a)(l) — 3 cases
State v. Coman, 273 P.3d 701 (Kan. 2012). “Analysis As we have indicated, K.S.A. 21-3505 lists three forms of criminal sodomy: “(a) Criminal sodomy is: (1) Sodomy between persons who are 16 or more years of age and members of the same sex or between a person and an animal; (2) Sodomy with a child who is 14 or more years…”
State v. Coman, 214 P.3d 1198 (Kan. Ct. App. 2009). “Among the specific crimes is subsection (c)(4), "criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments thereto." Coman's principal argument on appeal is that the legislative omission of subsection (a)(1) of K.”
State v. Franco, 319 P.3d 551 (Kan. Ct. App. 2014). “See K.S.A. 21-3505 (criminal sodomy). At trial, Franco neither requested the instructions nor objected to the district court’s failure to give them.”
— K.S.A. § 21-3505(b) — 2 cases
State v. Limon, 83 P.3d 229 (Kan. Ct. App. 2004). “21-3505(a)(2) is gender neutral. It prohibits sodomy with a child within the stated age limitations without regard to the age of the offender or to the sex of the participants.”
State v. Dickson, 69 P.3d 549 (Kan. 2003). “” K.S.A. 21-3505. There is no dispute as to the evidence offered in support of the criminal sodomy charge.”
— K.S.A. § 21-3505(c) — 3 cases
State v. Limon, 83 P.3d 229 (Kan. Ct. App. 2004). “21-3505(a)(2) is gender neutral. It prohibits sodomy with a child within the stated age limitations without regard to the age of the offender or to the sex of the participants.”
State v. Dickson, 69 P.3d 549 (Kan. 2003). “” K.S.A. 21-3505. There is no dispute as to the evidence offered in support of the criminal sodomy charge.”
State v. Coman, 214 P.3d 1198 (Kan. Ct. App. 2009). “Among the specific crimes is subsection (c)(4), "criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments thereto." Coman's principal argument on appeal is that the legislative omission of subsection (a)(1) of K.”
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